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AlexiaEsq., Managing Attorney

Category: Criminal Law

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Experience: 19+ Years of Legal Practice in Criminal Law.

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My daughter was assaulted, we filed a complaint in taunton

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My daughter was assaulted, we filed a complaint in taunton district court but they dismissed it when they and we found out the girl who assaulted her was 16, because they said as a juvenile they cannot hear her. She filed against my daughter and lyingly said that my daughter was the one who assaulted her, the incident happened at a high school and the school police officer gave us the tape and written statements to bring to court showing the proof and the clerk magistrate wouldn't even consider the evidence. Now he wants to continue it until June 09. when I asked about filing charges against the girl as I had done at district court he said he would do the same thing, continue it. When I said I wanted to file he starts telling me that my daughter could go to jail if it goes before a jury. I don't understand, my daughter was the one threatened and assaulted why is he making her look like the bad guy and what can I do? I'd like to get a lawyer but I'm on SSI and my two children on TAFDC

Also, I suggest you get a personal injury attorney who can file a personal injury suit for the assault - although your daughter's injuries, physically, are not major perhaps, there may be civil rights indicators, if the school did not handle things properly. If a PI attorney takes it on, it could be on pure contigency, which means you don't need to come up with a retainer. Also, if she called your daughter making threats, there could possibly be other criminal charges involved.

The following explanation of these 'clerk magistrates' is largely why I think this one is so outrageous:

"In addition to judges, Massachusetts also has eighty five statutorily created clerk-magistrate positions. Clerk-magistrates serve throughout the District Court, Housing Court, Juvenile Court and Boston Municipal Court. Included in this number is XXXXX position of Recorder of the Land Court. All of these positions are gubernatorial appointments, and they enjoy true life time appointment not having a set mandatory retirement age. Clerk-magistrates are judicial officers primarily responsible for the management and administration of the court's business. Clerk-magistrates also serve as judicial hearing officers on procedural criminal matters such as show cause hearings and in civil small claims sessions.There are many non-attorneys who serve as clerk-magistrates. Although recently, given the increased judicial responsibilities of clerk-magistrates, there has been a gubernatorial trend of appointing primarily attorneys to these positions. "

I would write to the governor who appointed this idiot, and tell him what is going on, with full documentary support - and indicate that your daughters rights have been criminally violated and your district clerk magistrate is refusing to allow it to be brought to justice.

I would also consider going to the country prosecutor or DA, and always have your evidence (a decent copy of it anyway), with you.

Finally, you can consider not making a bigger issue of this than it is - dragging it out may not be in your child's best interest, if it is actually becoming a bigger issue that it was in reality.

Hope this helps to clarify.

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. This will not cost you anything, if you already deposited to the company for this service. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!

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Thank you for your response. The school and police both suggested we file a complaint at the court house. One thing I don't think I got a clear answer on, is as I mentioned, if the district court dismissed our complaint because the attacker was a juvenile, then was juvenile court supposed to hear my daughter because as they say she is not a juvenile? I don't want to make a big issue of the matter but this girl has maligned my daughters reputation in the court. I think it was unfair to dismiss our complaint but not her complaint when she was the attacker. And how is it not good for my daughter to have it dragged out in court when she was the victim, even though only a year older? I hope I have been clear with what I am asking. The clerk didn't ask either party what they wanted to see done. I would've told him I want to drop it as long as they recognize that it was the other girl who did the threatening and assaulting. And finally, with all the lying the attacker did in writing and in front of the clerk, I will bet that the next time we are to appear in court in June, she will make up some more lies. Wont it be dragged on then? This could have all been over that day if he would just have considered the evidence, I mean wasn't he supposed to consider it? Thank you. I will accept the your next response. (Does that mean I will have accepted it twice and therefore owe two payments? I just want to be clear and fair.)

I couldn't agree with you more that it is unfair to dismiss your complaint - it should really be the decision of your daughter/you. And I am not saying that it would be worse for your daughter to keep on top of it, victims need justice and blowing that off can also be detrimental in so many ways - only something to be considered if it goes on for years.

Also, yes, a years difference is not relevant to 'victimhood.' A big strong 16 year old can certainly do damage to a 17 year old.

"if the district court dismissed our complaint because the attacker was a juvenile, then was juvenile court supposed to hear my daughter because as they say she is not a juvenile?"

According to the Mass. bar, juvenile courts have jurisdiction over delinquent complaints concerning children between the ages of seven and 17 who are accused of violating city ordinances, town by-laws or state statutes. So it is unclear to me why they are not addressing this, since your daughter is only 17. So I have no clue why the magistrate is not taking hold of this one - I suspect he just doesn't want another case on his docket and so is saying, (wrongly) "hey, it is one kid against another, they both should just shut up and go away." I don't agree at all, just as I wouldn't agree if it were adults, unless of course the adults agreed.

Without an adjudication of delinquency, the court is not going to render opinions on who was the victim and who was the aggressor, so I don't want you holding your breath for unofficial statements - they would potentially be putting themselves into hot water.

Since I don't know the court's docket load, it is not clear if they court is dragging this out until 6/9 or if that is the set date for a hearing, but I do agree that if you want charges filed, that should be done.

However, you are confused as to why the magistrate doesn't know that your daughter is the victim and the other is the aggressor, you have to remember, he has not tried the case yet? There is no way he can know that. All he knows is that delinquency findings, if it ends up being believed what the 16 year old is saying and/or other evidence or witnesses support her, then your daughter could get in some trouble - perhaps he doesn't want you to risk her freedom like that over this. I am sure he is very used to parents who all think their child is blameless - yet most are not. He has no way to knwo that your daughter is the exception, when he hasn't yet even had the opportunity to try the case.

The real question is, are you going to push to have charges pressed against the 16 year old.

"This could have all been over that day if he would just have considered the evidence, I mean wasn't he supposed to consider it?"

The day you sought to file the complaint would NOT be the day he considers the evidence - notice has to be given, an opportunity to get discovery (by both sides), etc.

"(Does that mean I will have accepted it twice and therefore owe two payments? I just want to be clear and fair.) "

No, as of now, as per my screen, you have 'deposited' but not accepted (whichh is understandable, as you were unclear, or rather I was unclear, and you needed clarification). YOu can accept 1 or more answers, but know that each answer accepted will be charged, so if you only want to pay for the value of 1 answer, only click the ACCEPT button on one of them.

Let me know if you have further questions. And I wish you the best with this! Remember, if you don't get resolution adequately, consider filing civilly, even with self-represenation -if nothing else, it will be a pain in that girl's rear and perhaps make her parents think twice about not trying to resolve amicably.

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